Grace Wairimu Mwangi v Edward Macharia & 1 other
The bottom line
#Kenya's Court of Appeal refused to pause a land judgment because the applicant showed no arguable grounds of appeal and no risk the appeal would become pointless.
What this practically means
#Executive summary
#Key legal issues
#Arguability of the intended appeal
The applicant did not annex a draft memorandum of appeal and her supporting affidavit did not set out even one ground of appeal; the Court could not discern any arguable ground.
The Court reiterated that a single arguable point suffices and need not be one that would succeed, citing Yellow Horse Inns Ltd and Kenya Commercial Bank v Ombija. However, the applicant failed to annex a memorandum of appeal, and the supporting affidavit listed no possible grounds. Without grounds to weigh against the impugned judgment, the Court could not assess arguability and found none discernible.
Whether the appeal would be rendered nugatory absent a stay
The applicant did not demonstrate any imminent danger of alienation of the property by the respondents, nor that she could not be compensated in damages.
The respondents denied any intention to alienate or interfere with the suit property. The applicant adduced no evidence of threatened disposal, and her claimed losses were monetary and compensable. Having failed on both limbs of the Rule 5(2)(b) twin test, the application had to be dismissed.
Legal principles established
#- To succeed under Rule 5(2)(b), an applicant must demonstrate both an arguable appeal and that the appeal will be rendered nugatory absent a stay.
- An applicant need not show multiple arguable points; one suffices, and the arguable point need not be one that would succeed.
- A stay applicant should annex a draft memorandum of appeal or otherwise set out the arguable grounds in the supporting affidavit.
Court orders
#- 1.The application for stay of execution pending appeal is dismissed
- 2.The costs of the application will abide by the outcome of the appeal
- On appeal from
- High Court (trial court) / Environment and Land Court not specified
- Not stated
- Jurisdiction invoked
- Rule 5(2)(b) of the Court of Appeal Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Grace Wairimu Mwangi v Edward Macharia & 1 other", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1005/eng@2025-05-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.